Credit Repair:
Choose Help Carefully
You see the advertisements in newspapers, on TV,
and on the Internet. You hear them on the radio. You get fliers
in the mail. You may even get calls from telemarketers offering
credit repair services. They all make the same claims:
- "Credit problems? No problem!"
- "We can erase your bad credit — 100% guaranteed."
- "Create a new credit identity — legally."
- "We can remove bankruptcies, judgments, liens, and
bad loans from your credit file forever!"
Do yourself a favor and hire a reputable credit repair company!
The Truth
No one can legally remove accurate and timely negative
information from a credit report. The law allows you to ask for
an investigation of information in your file that you dispute
as inaccurate or incomplete. There is no charge for this if (and this is a pretty big if), you have the time and the patience to do it yourself.
You’re entitled to a free report if a company
takes adverse action against you, like denying your application
for credit, insurance, or employment, and you ask for your report
within 60 days of receiving notice of the action. The notice
will give you the name, address, and phone number of the consumer
reporting company. You’re also entitled to one free report
a year if you’re unemployed and plan to look for a job
within 60 days; if you’re on welfare; or if your report
is inaccurate because of fraud, including identity theft.
You can dispute mistakes or outdated items for free. Under the FCRA, both the
consumer reporting company and the information provider (that is, the person,
company, or organization that provides information about you to a consumer
reporting company) are responsible for correcting inaccurate or incomplete
information in your report. To take advantage of all your rights under this
law, contact the consumer reporting company, the information provider, or a reputable credit repair service such as Lexington Law Firm.
If you insist on going it alone you need to follow these steps:
STEP ONE
Tell the consumer reporting company, in writing, what
information you think is inaccurate. Include copies (NOT originals)
of documents that support your position. In addition to providing
your complete name and address, your letter should clearly identify
each item in your report you dispute, state the facts and explain
why you dispute the information, and request that it be removed
or corrected. You may want to enclose a copy of your report with
the items in question circled. Your letter may look something
like the one on page 6. Send your letter by certified mail, “return
receipt requested,” so you can document what the consumer
reporting company received. Keep copies of your dispute letter
and enclosures.
Consumer reporting companies must investigate the
items in question – usually within 30 days – unless
they consider your dispute frivolous. They also must forward
all the relevant data you provide about the inaccuracy to the
organization that provided the information. After the information
provider receives notice of a dispute from the consumer reporting
company, it must investigate, review the relevant information,
and report the results back to the consumer reporting company.
If the information provider finds the disputed information is
inaccurate, it must notify all three nationwide consumer reporting
companies so they can correct the information in your file.
When the investigation is complete, the consumer
reporting company must give you the results in writing and a
free copy of your report if the dispute results in a change.
If an item is changed or deleted, the consumer reporting company
cannot put the disputed information back in your file unless
the information provider verifies that it is accurate and complete.
The consumer reporting company also must send you written notice
that includes the name, address, and phone number of the information
provider.
If you request, the consumer reporting company
must send notices of any correction to anyone who received your
report in the past six months. You can have a corrected copy
of your report sent to anyone who received a copy during the
past two years for employment purposes.
If an investigation doesn’t resolve your dispute with the consumer reporting
company, you can ask that a statement of the dispute be included in your file
and in future reports. You also can ask the consumer reporting company to provide
your statement to anyone who received a copy of your report in the recent past.
You can expect to pay a fee for this service.
STEP TWO
Tell the creditor or other information provider, in
writing, that you dispute an item. Be sure to include copies
(NOT originals) of documents that support your position. Many
providers specify an address for disputes. If the provider reports
the item to a consumer reporting company, it must include a notice
of your dispute. And if you are correct – that is, if the
information is found to be inaccurate – the information
provider may not report it again.
Reporting Accurate Negative Information
When negative information in your report is accurate,
only the passage of time can assure its removal. A consumer reporting
company can report most accurate negative information for seven
years and bankruptcy information for 10 years. Information about
an unpaid judgment against you can be reported for seven years
or until the statute of limitations runs out, whichever is longer.
There is no time limit on reporting: information about criminal
convictions; information reported in response to your application
for a job that pays more than $75,000 a year; and information
reported because you’ve applied for more than $150,000
worth of credit or life insurance. There is a standard method
for calculating the seven-year reporting period. Generally, the
period runs from the date that the event took place.
The Credit Repair Organizations Act
By law, credit repair organizations must give you a
copy of the “Consumer Credit File Rights Under State and
Federal Law” before you sign a contract. They also must
give you a written contract that spells out your rights and obligations.
Read these documents before you sign anything. The law contains
specific protections for you. For example, a credit repair
company cannot:
- make false claims about their services
- charge you until they have completed the promised services
- perform any services until they have your signature on
a written contract and have completed a three-day waiting
period. During this time, you can cancel the contract without
paying any fees
Your contract must specify:
- the payment terms for services, including their total cost
- a detailed description of the services to be performed
- how long it will take to achieve the results
- any guarantees they offer
- the company’s name and business address
Have You Been Victimized?
Many states have laws regulating credit repair companies.
State law enforcement officials may be helpful if you’ve
lost money to credit repair scams.
If you’ve had a problem with a credit repair
company, don’t be embarrassed to report it. While you may
fear that contacting the government will only make your problems
worse, remember that laws are in place to protect you. Contact
your local consumer affairs office or your state Attorney General
(AGs). Many AGs have toll-free consumer hotlines. Check the Blue
Pages of your telephone directory for the phone number or check
www.naag.org for a list of state Attorneys General.
Need Help? Don’t Despair
Just because you have a poor credit report doesn’t
mean you won’t be able to get credit. Creditors set their
own credit-granting standards and not all of them look at your
credit history the same way. Some may look only at more recent
years to evaluate you for credit, and they may grant credit if
your bill-paying history has improved. It may be worthwhile to
contact creditors informally to discuss their credit standards.
If you’re not disciplined enough to create
a workable budget and stick to it, work out a repayment plan
with your creditors, or keep track of mounting bills, consider
contacting a credit counseling organization. Many credit counseling
organizations are nonprofit and work with you to solve your financial
problems. But not all are reputable. For example, just because
an organization says it’s “nonprofit,” there’s
no guarantee that its services are free, affordable, or even
legitimate. In fact, some credit counseling organizations charge
high fees, or hide their fees by pressuring consumers to make “voluntary” contributions
that only cause more debt.
Most credit counselors offer services through local
offices, the Internet, or on the telephone. If possible, find
an organization that offers in-person counseling. Many universities,
military bases, credit unions, housing authorities, and branches
of the U.S. Cooperative Extension Service operate nonprofit credit
counseling programs. Your financial institution, local consumer
protection agency, and friends and family also may be good sources
of information and referrals.
Reputable credit counseling organizations can advise
you on managing your money and debts, help you develop a budget,
and offer free educational materials and workshops. Their counselors
are certified and trained in the areas of consumer credit, money
and debt management, and budgeting. Counselors discuss your entire
financial situation with you, and help you develop a personalized
plan to solve your money problems. An initial counseling session
typically lasts an hour, with an offer of follow-up sessions.
Do-It-Yourself Check-Up
Even if you don’t have a poor credit history,
some financial advisors and consumer advocates suggest you review
your credit report periodically because the information it contains
affects whether you can get a loan or insurance – and how
much you will have to pay for it.
To make sure the information is accurate, complete,
and up-to-date before you apply for a loan for a major purchase
like a house or car, buy insurance, or apply for a job, and to
help guard against identity theft.
Identity theft is when someone uses your personal
information – like your name, your Social Security number,
or your credit card number – to commit fraud. Identity
thieves may use your information to open a new credit card account
in your name. Then, when they don’t pay the bills, the
delinquent account is reported on your credit report. Inaccurate
information like that could affect your ability to get credit,
insurance, or even a job.
Sample Dispute Letter
Date
Your Name
Your Address
Your City, State, Zip Code
Complaint Department
Name of Company
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to
dispute the following information in my file. The items I dispute
also are encircled on the attached copy of the report I received.
This item (identify
item(s) disputed by name of source, such as creditors or tax
court, and identify type of item, such as credit account, judgment,
etc.) is (inaccurate or incomplete) because (describe what
is inaccurate or incomplete and why). I am requesting that
the item be deleted (or request another specific change) to
correct the information.
Enclosed are copies
of (use this sentence if applicable and describe any enclosed
documentation, such as payment records, court documents) supporting
my position. Please investigate this (these) matter(s) and
(delete or correct) the disputed item(s) as soon as possible.
Sincerely,
Your name
Enclosures: (List what you are enclosing)
The FTC works for the consumer to prevent fraudulent, deceptive and unfair
business practices in the marketplace and to provide information to help consumers
spot, stop, and avoid them. To file a complaint or to get free information
on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357);
TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft,
and other fraud-related complaints into Consumer Sentinel, a secure, online
database available to hundreds of civil and criminal law enforcement agencies
in the U.S. and abroad.
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